KARACHI: A two-member bench, comprising Justice Shafi Muhammad Siddiqui and Justice Agha Faisal granted urgent application and called comments from customs officials after two weeks on a constitutional petition filed by M/s Master Pipe Industries seeking an order for return of its bank guarantee paid during provisional release.
Dated 27 September 2021, during the hearing, Muhammad Adeel Awan Advocate for petitioner, Dr Shahab Imam Advocate for customs department, Tariq Aziz Principle Appraiser Port Muhammad Bin Qasim, Kafeel Ahmed Abbasi Deputy Attorney General, Hussain Bohra, Assistant Attorney General appeared before the court.
Counsel for the petitioner argued that the matter is on urgent basis; therefore, the court may grant urgent application and call comments from the customs department.
During the hearing, counsel for the petitioner stated that petitioner is lawful importer of secondary quality steel products and during the course of its business; petitioner imported the same and filed goods declaration according to law, however, customs officials have denial the same and denial the same actual declared transaction value without assessing any cogent and plausible reasons and on the basis of the formulae given Valuation Ruling No 1213/2017 which was already challenged by the petitioner.
He argued that petitioner had no way, therefore, petitioner submitted bank guarantee during provisional release.
Citing Chairman Federal Board of Revenue, Collector of Customs Port Muhammad Bin Qasim, Collector of Customs Appraisement West, Collector of Customs Appraisement East as respondents, petitioner pleaded the court may direct them to return bank guarantee which was paid by the petitioner during provisional release and restrain them from taking any adverse action against the petitioner till final order in this petition.
